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Guest EM&M

457 Company Sponsorship Visa - After 4 Years What Then??

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Guest EM&M

Hi all,

 

I know some of you are going or are on the company sponsorship visa, wondered if you could give me some thoughts on the following, providing you are wanting to stay. :idea:

 

1. Has anyone thought what they will do after the visa runs out?

2. Has anyone been in this situation and what did you do?

 

Been speaking to our agent who saying we might beable to apply through our uncles company but she has reiterated that it is only a temp visa. I said that I could maybe study whilst there to do hairdressing or anything. She said that this is still not a guarentee to stay the only trade she would recommend to study that she says shes knows will allow us to stay would be horitculture or Cooking??

 

Anyone got any experiences to share??:spinny:

 

Thanks

Em x

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1. Has anyone thought what they will do after the visa runs out?

2. Has anyone been in this situation and what did you do?

 

I can't answer from a first person pespective obviously.

 

However, legally speaking, your agent is correct in saying that it is only a temporary visa.

 

If you lose your job, you have very little time (less than a month) to either pack up and leave Australia or get another sponsor. If you are British, the downside is that an ETA (electronic visitor's visa) cannot be applied for inside Australia.

 

If you enter Australia with a partner, both on 457 visas, if the main visa holder dies, the surviving partner has no legal right to continue staying in Australia on the secondary 457 visa - not something anyone wants to think about, but such is the legal situation.

 

If you have children who are in school on the basis of holding secondary 457 visas, if the main visa holder loses his/her job, everyone is obliged to leave Australia. The kids will need to get separate student visas, but it's a mess obviously.

 

The 457 visa by itself does not graduate to any permanent visa. There is no defined automatic pathway to any form of permanent residents. Children on secondary 457 visas will generally never automatically acquire permanent residence (except for 1 automatic pathway under certain conditions).

 

A lot of "negative" possibilities - but naturally, these are possibilities that aren't very prevalent.

 

Essentially, at the end of the 457 visa's validity, you'll need to get another 457, or get out of Australia unless you have access to another visa :-(

 

Of course, while you are out on a 457, you get your LAFHA and you can get away with most driving offences as foreign driver's licence holders are teflon coated against demerit points!

 

Sorry for the negative post.

 

Peter


Ptlabs Consulting Pty Ltd | MARN 0427067 | http://ptlabs.com.au/

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Guest nigellr

Hi.

Can't tell you anything about sponsorship visa,but you can apply for a student visa,best to do a 2yr course of study toward a 60 point occupation that is on the MODL LIST. Hairdressing is on the list as are various types of cooking.However this is only a temporary visa,and you still have to apply for Permanent Resident visa after the course.To gain this you will need to pass the 120 points mark set by DIMA,accrued 900 hrs of work experience relevant to the course,most colleges make provisions for this.But in the the end you can't guarentee anything,but if everything is in order you stand a good chance.

Nigel

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We are going out on a Temp 457 visa and been told we can apply for permenent residency after 12 months but have to do it through the sponsored company i will be working for, but you get more points when you apply as you will have been and worked in Oz for the 12 months before applying. Thats all i know regarding info for permenant, we will be doing that when we get there but we may struggle with permenent due to my medical as may only get temporary and even that isnt guaranteed so sat here crossing everything :eek:

 

Lynne :chatterbox:


Lynne :jiggy:

 

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Guest EM&M

Lynne,

 

R U any further forward with your visa yet cos u were having some delays with the company....is that right??

 

Anyone know how long its taking for 457 visas at moment?

 

Thanks

 

Em x

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Hi Em,

 

I did a post titled "Had Phone Call" It is going to be at least another 2-3 months beofer we hear anything, driving us insane, 457 visa usually take around 6-8 weeks but ours happened to delay due to company Auditing, apparently about 120 companies are having same thing but dont know which they are. Be at least end of march before they finish Auditing if on time grrrrrrrr then apparently they have to start visa process from beginning again, and thankfully we dont have to pay again or i would have been upset, so long as they porocess it and give us an answer before end of september as thats when our 12 months is up on our medicals otherwise we have to go through them again and pay again £415.

 

Crossed fingers :arghh:


Lynne :jiggy:

 

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Guest EM&M

Thats right I remember now how frustrating for you! Hope it gets sorted soon and u dont need to pull the medicals money out again :swoon:

 

I spoke to our agent this morning and hopefully things are looking a little clearer. It could be possible for OH uncle to give him a company sponsorship as he needs someone anyway we just need to clarify if we can get his work history to relate which cant see being problem. Spoke to his aunt today and she has asked us to send all the paperwork so they can discuss it.

 

Didnt realise could be so quick getting visa, have got someone coming to value house on monday see what we will have at the end.

 

Fingers crossed for us both :wacko:

 

Em x

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I will keep everything crossed for you hun too, it is 6-8 weeks from the visa Lodge date so that will help you. Very Good luck hun.

 

Thinking about you all the way :biggrin:

 

Lynne-de-loo


Lynne :jiggy:

 

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Guest EM&M

Thanks Lynne you too, just think you'll be there just in time for summer :jiggy:

 

Em x

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Guest EM&M

Think positive thoughts:dull:

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Guest Phil Olsen

Hi there

 

I'm not sure if I'm reading the question correctly, but there are ways to secure permenent residence whilst on a 457. Have a look at Booklets 5 and 11 on http://www.immi.gov.au.

 

Basically, a person on a 457 can apply for a permanent visa under the Employer Nominated Scheme Visa rooute (RSMS for regional visa's).

 

The criteria for application for an ENS visa are in booklet 5. Therefore, I would be approaching the employer for a permanent position, if that is your only route and you qualify.

 

Regards

 

Phil

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Guest Phil Olsen

Just one correction to one of the posts above, the qualification period is 2 years with 12 months with the current employer

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Guest Gollywobbler

Hi Phil

 

Nice to see you again!

 

One thing puzzles me. When it comes to converting the 467 into a permanent visa, why would an agent advise an ENS visa for Mr Smith but an RSMS visa for Mr Jones?

 

Obviously, my curiosity is only academic, but I can't pinpont why they have these two different visas? RSMS looks like extra hassle to me, so what would make it more attractive than ENS in some cases?

 

Thanks

 

Gill

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Guest pj

Hey guys

 

Thought I'd add my tuppance worth to the 457 discussion. My partner and I are here on that basis, it is a temporary visa and does not lead to a permanent visa, as we discovered when we arrived.

 

You have two choices if you want to apply for perm residency:

1) Apply yourself via the usual routes. You can apply immediately that you arrive providing you meet the basic criteria/points etc as if you were applying from the UK.

2) Apply via the employer nominated scheme as discussed before. I think there is a waiting period of 2 years.

 

There are other permanent schemes sponsored by the government, however, they tend to restrict applicants who meet their needs to working in country location rather than CBD.

 

I've heard that some of these regional schemes lead to Citizenship after 2 years, however, don't quote me on it and I guess it depends on how rare your skills are.

 

457's usually take 3-6 weeks for approval, however, it varies depending on whether the sponsoring company is known to DIMIA and has sponsored previously. X-rays are required as a minimum.

 

We're playing the waiting game on our perm visa right now so good luck to one and all.

 

Pj xxx

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Guest jaypie0

Hi Pj,

Thanks for your information, you have answered afew question for us. We are a family of four hoping to come over soon on a tem visa and then apply for a permanent one once we are there. Do you not have an easier time getting the permanent one if you're currently working in Oz? We are hoping so as our points aren't great!!!

If you don't mind me asking, how much did it cost for you in Oz to apply for a permanent visa, was it straight foward?

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Guest Lizwoolley

Hi,

my name is Liz and my husband and I are applying for a 457. We passed the points test with 125 points, but he was offered a job and we decided to go on a 457 and see if we like Oz. We were told it was ok to apply for the PR as soon as we were out there, as we plan not to go through the company, as we know you have to wait 2 years. Our sponsor has never sponsored anyone before, but they company decided to do it for us and asked us how long we wanted the sponsorship for, as they knew we would apply for the PR not long after we moved, pending that we like it there. We said 2 years should be enough. I am not reading how its normal for companies to sposnor for 4 years. Do you think the Immigration department will have a problem if its not for 4 years? Also, on our 457 app. on the section that asks for salary I based it on after tax not before and the yearly salary was not the legal requiremnt of at least $41,850 per year. I e-mailed them to explain that I put the wrong salary and that I havent received my work contract yet. Anyway, has anyone else ever made a small error on your 457 and passed? I am just panicking here..lol.. The sponsors apps have been in for 5 weeks and a CO was assigned, but needed more info, which the company is supplying them. It should not be to long now until they get to ours!! Any re-assurance would be grateful.

 

Thanks for listening to me ramble on..lol

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Guest EM&M
Hi,

my name is Liz and my husband and I are applying for a 457. We passed the points test with 125 points, but he was offered a job and we decided to go on a 457 and see if we like Oz. We were told it was ok to apply for the PR as soon as we were out there, as we plan not to go through the company, as we know you have to wait 2 years. Our sponsor has never sponsored anyone before, but they company decided to do it for us and asked us how long we wanted the sponsorship for, as they knew we would apply for the PR not long after we moved, pending that we like it there. We said 2 years should be enough. I am not reading how its normal for companies to sposnor for 4 years. Do you think the Immigration department will have a problem if its not for 4 years? Also, on our 457 app. on the section that asks for salary I based it on after tax not before and the yearly salary was not the legal requiremnt of at least $41,850 per year. I e-mailed them to explain that I put the wrong salary and that I havent received my work contract yet. Anyway, has anyone else ever made a small error on your 457 and passed? I am just panicking here..lol.. The sponsors apps have been in for 5 weeks and a CO was assigned, but needed more info, which the company is supplying them. It should not be to long now until they get to ours!! Any re-assurance would be grateful.

 

Thanks for listening to me ramble on..lol

 

Hi Liz,

 

We used an agent and for me it was worth it as I didnt know where to start. I know the salary must at least be the minimum that you quoted to be accepted and this is without the superannuation added. If you have a TFN number you can check on line to see what progress has been made with your application. If you seach some of my earlier posts you should find the link for this.

 

Good Luck

 

Em x

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I see references above to having to work for 2 years as the holder of a 457 temporary residency visa before you can seek employer sponsorship for a permanent residency visa.

 

This isn't necessarily correct if you have an occupation that is on the Employer Nomination Skilled Occupations List (the ENSOL), and secure a skills assessment classification (in much the same way as you would with a general skilled visa).

 

In this situation you can obtain permanent residency under the Employer Nomination Scheme before you even move to Australia.

 

If you are looking for some leverage when "encouraging" a prospective employer to nominate you for a permanent residency visa application (eg under the ENS) as against sponsoring you for a temporary residency visa under subclass number 457 I would highlight the obligations that are placed on 457 visa sponsors, which don't pertain in the case of ENS nominations.

 

See:

http://www.immi.gov.au/skilled/skill...s-employer.htm

 

There is also a Bill presently before Federal Parliament in Australia that is seeking to impose further burdens on 457 business sponsors. If passed business sponsors will have the following additional obligations (I am quoting here from the Parliamentary discussions recently:

http://parlinfoweb.aph.gov.au/piweb/...TABLE=HANSARDR ):

 

* paying the return travel costs from Australia of overseas workers and their family;

* paying certain medical costs on behalf of the overseas worker and his or her family which may involve the employer taking out insurance on their behalf;

* paying any fees that must be paid for the overseas worker to work in the nominated activity and other fees associated with recruitment and migration agents;

* keeping adequate records of compliance with these obligations and providing information to the DIAC when requested in writing

 

I appreciate some probably don't want to lose the business sponsor, but if you can obtain permanent residency immediately as a result of the employer sponsorship, so much the better ...

 

Best regards.


Managing Director, Go Matilda Visas - www.gomatilda.com

Registered Migration Agent Number 0102534; Registered Tax Agent (Australia)

Chartered Accountant (UK, and Australia)

T - 023 81 66 11 55 (UK) or 03 9935 2929 (Australia)

E - alan.collett@gomatilda.com and acollett@bdhtax.com

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